Recent Court Cases on International Trade for January 11 - 18
The following Court of International Trade cases on international trade issues were decided during January 11 - 18, 2008:
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
CIT Amends Order on Providing Bonding Requirement Documents
The Court of International Trade granted Customs' request that public documents associated with a notice issued by U.S. Customs and Border Protection (Monetary Guidelines for Setting Bond Amounts for Importations Subject to Enhanced Bonding Requirements) need not be provided to the Court. However, the CIT reserved decision on whether they might be required to be filed at a later date.
CIT Accepts Data Used by ITC Commissioners in "Sunset Review" Determination
The CIT affirmed the final sunset-review determination and dismissed the claims of Mittal Steel disputing the validity of data used by International Trade Commission Commissioners. The CIT concluded that the Commissioners had examined relevant data and had articulated a satisfactory explanation for their actions.
CIT Accepts ITC Affirmative Injury Determination on Silicon Metal from Russia
The CIT reviewed the ITC's findings as to whether imports of silicon metal from Russia had caused injury to the domestic industry, and if imports from other countries would have resulted in the same injury. The CIT affirmed the determinations made by the ITC that the injury to the domestic industry was the result of the imports from Russia.
CIT Accepts Determination of AD Duty on Hand Tools from China
The CIT sustained the International Trade Administration's recalculation of Shandong Huarong Machinery Co.'s antidumping duty margin of 175.04% (from 174.58%) on axes/adzes from China. On remand, the ITA had obtained additional information on welding wire used in the production of the goods. The CIT concluded that with this additional information the ITA had correctly established the AD duty margin.
CIT Rules Decline in Net Income Must Be Proven To Obtain TAA Benefits
The CIT dismissed Arthur J. Den Hoed's claims for trade adjustment assistance benefits under 19 USC 2401e(a)(1)(C) as the submitted application lacked information to show that their net farm income had decreased. The CIT also denied Hoed's motion to provide additional information, citing the Secretary of Agriculture's statement that the submitted application was complete and sufficient to make their decision. The CIT granted the Secretary of Agriculture's motion for dismissal.
CIT case on bonding requirement documents (Seafood Exporters Association of India, et al. v. U.S., et al., Slip Op. 08-9, dated 01/18/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op.%2008-9.pdf
CIT case accepting ITC Commissioners' data (Mittal Steel Roman, et al. v. U.S., et al., Slip Op. 08-3, dated 01/11/08) available at http://www.cit.uscourts.gov/slip_op/Original/Slip_op08/08-3.pdf
CIT case on silicon metal (Bratsk Aluminum Smelter, et al. v. U.S., et al., Slip Op. 08-5, dated 01/15/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20op%2008-5.pdf
CIT case on hand tools from China (Ames True Temper v. U.S., Slip Op. 08-8, dated 01/18/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-8.pdf
CIT case on TAA (Arthur J. Den Hoed v. U.S. Secretary of Agriculture, Slip Op. 08-6, dated 01/16/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-6.pdf (same issue as CIT Slip Op. 08-7, dated 01/16/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-7.pdf)